MONACO Law and Practice Contributed by: Stephan Pastor, Emeline Elbaz-Mondeux, Daniel Goldenbaum and Xavier Widawski, CMS Monaco
proceedings, and may even be admitted to give oral arguments before the judge, under the judge’s authorisation. 2. Litigation Funding 2.1 Third-Party Litigation Funding Monegasque law does not have a framework for litigation funding. Since no rule is defined by Monegasque law, nothing would seem to forbid a party from seeking funding to enable it to initi- ate proceedings. 2.2 Third-Party Funding: Lawsuits This topic is not applicable. 2.3 Third-Party Funding for Plaintiff and Defendant This topic is not applicable. 2.4 Minimum and Maximum Amounts of Third-Party Funding This topic is not applicable. 2.5 Types of Costs Considered Under Third-Party Funding This topic is not applicable. 2.6 Contingency Fees This topic is not applicable. 2.7 Time Limit for Obtaining Third-Party Funding This topic is not applicable.
summon them before issuing a legal action. This is more from a customary standpoint than as a legal requirement. 3.2 Statutes of Limitations The statutes of limitations applying to civil suits were heavily amended in 2013. The time limita- tion period depends on the action to initiate. Actions in rem and personal actions shall be barred after five years from the date on which the holder of a right knew or ought to have known the facts enabling them to exercise it. An action brought by the direct or indirect victim of injury resulting from an event causing bodily harm shall be barred after ten years from the date of consolidation of the initial or aggravated injury. 3.3 Jurisdictional Requirements for a Defendant The private international rules for jurisdiction are set out in the Code of Private International Law. Generally, on jurisdiction, Monegasque courts are competent where the defendant has its domicile or its residence in Monaco. Monegasque courts are also competent: • in real estate matters where the real estate is in the Principality; • in tort matters where the act causing the damage, or the damage itself, occurred in the Principality; • in estate matters where the estate is opened in the Principality; • in company matters, where the company has its headquarters in the Principality; • in forced execution matters or in freezing cas- es enforced in the Principality, or as regards
3. Initiating a Lawsuit 3.1 Rules on Pre-action Conduct
The usual pre-action conduct involves send- ing a registered notice letter to the opponent to
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